South Australian Numbered Acts South Australian Numbered ActsAfter section 34 (now designated as section 66—see section 57 of this
Act) insert:
Division 6—Limitation on the award of damages for the costs of raising a
child
67—Limitation on the award of damages for the costs of raising a child
(1) In an action to
which this section applies, no damages are to be awarded to cover the
ordinary costs of raising a child.
(2) The "ordinary
costs of raising a child" include all costs associated with the child's care,
upbringing, education and advancement in life except, in the case of a child
who is mentally or physically disabled, any amount by which those costs would
reasonably exceed what would be incurred if the child were not disabled.
(3) This section
applies to—
(a) an
action for negligence resulting in the unintended conception of a child; or
(b) an
action for negligence resulting in the failure of an attempted abortion; or
(c) an
action for negligence resulting in the birth of a child from a pregnancy that
would have been aborted but for the negligence; or
(d) an
action for innocent misrepresentation resulting in—
(i)
the unintended conception of a child; or
(ii)
the birth of a child from a pregnancy that would have
been aborted but for the misrepresentation; or
(e) an
action for damages for breach of a statutory or implied warranty of
merchantable quality, or fitness for purpose, in a case where a child is
conceived as a result of the failure of a contraceptive device.
(4) In this
section—
"contraceptive device" includes any medicine or substance used to prevent
conception;
"innocent misrepresentation" means any misrepresentation by words or conduct
made without an intention to deceive.